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What is the rule of the 1.312 amendment?

1.312 Amendments after allowance. No amendment may be made as a matter of right in an application after the mailing of the notice of allowance.

How do you amend claims in a reissue?

An amendment in a reissue application is made either by physically incorporating the changes into the specification when the application is filed, or by a separate amendment paper. If amendment is made by incorporation, markings pursuant to paragraph (d) of this section must be used.

Can a patent application be amended?

Amendments to Claims You can change the claims of a patent without filing a new application unless you are making a new claim. If you are making a new claim, you will need to file a new patent application. Federal regulations governing the USPTO provide specific rules for amending patent claims.

Can you file a continuation application after paying the issue fee?

One important thing to realize is that a patent may grant very soon after payment of the issue fee, so if the Applicant desires to have a continuation, continuation-in-part (CIP), and/or divisional application filed (all such applications are referred to as continuing applications), they should really do so before or

Can you file an IDS after notice of allowance?

An IDS filed more than three months after the U.S. filing date and after the mailing date of a Final Rejection, Notice of Allowance, or other action that closes prosecution (e.g., Quayle Action), but before payment of the Issue Fee, will only be considered by the Examiner if a petition fee is paid and if the IDS is

Can you file a 312 amendment after paying the issue fee?

Finally, it is pointed out that an amendment under 37 CFR 1.312 must be filed on or before the date the issue fee is paid, except where the amendment is required by the Office of Data Management, see MPEP 714.16(d), subsection III. An amendment under 37 CFR 1.312 must comply with the provisions of 37 CFR 1.121.

Can you file a 312 amendment after payment of the issue fee?

Any amendment filed pursuant to this section must be filed before or with the payment of the issue fee, and may be entered on the recommendation of the primary examiner, approved by the Director, without withdrawing the application from issue.

How long does it take a patent to issue after payment of the issue fee?

Under the current publication process, utility and reissue patents are issued within about four weeks after the issue fee and any required publication fee are received in the Office.

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Get the up-to-date 01 Amendment of - uspto 2024 now

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Got questions?

What is the rule of the 1.312 amendment?

How do you amend claims in a reissue?

Can a patent application be amended?

Can you file a continuation application after paying the issue fee?

Can you file an IDS after notice of allowance?

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Can you file a 312 amendment after paying the issue fee?

Can you file a 312 amendment after payment of the issue fee?

How long does it take a patent to issue after payment of the issue fee?

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